The curious case of Aarushi Talwar

Aarushi-TalwarA 14-year old girl from Noida, a daughter of a dentist couple was murdered brutally along with a 45-year old domestic help Yam Prasad Banjade, better known as Hemraj. The two were killed on the night of May15-16 at her residence. The incident drew attention from millions of people across the globe as this was one of its own when it came to solving a murder mystery. The case was soon handed over to the CBI and since then it has more or less been under media’s attention than the CBI themselves.Days lapsed, months flew and years passed, and the uncertainty dominated the story which was being seen as a simple yet a nerve-wracking case.

For the Talwars they lost a daughter, suddenly middle-class family attracted eyeballs for all the wrong reasons. Several stories were making the rounds in almost every youth’s mind which were detrimental on their own. They all knew it; sooner or later the story became a national issue. Aarushi’s body was brutally dealt with and the initial suspect was her own domestic help, Hemraj; few days later Hemraj’s body was found in similar breath-taking condition which even complicated the case. The police were responsible in a way for handling the initial phase of the case clumsily which destroyed crucial evidence.

The needle of suspicion then moved on to the three friends of Hemraj who even confessed in the lie-detector tests that they were present in the apartment on the day of murder. The narco tests only behaved as a catalyst to the already simmering evidence. Alas, science lost to humanity. Narco tests are not admissible as legal evidence, but they are important indicators of which way an investigation should head. Section 27 of the Indian Evidence Act also says if any incriminatory discoveries are obtained pursuant to a voluntarily administered narco test, then these discoveries become legally admissible. But the CBI overlooked all the evidence and decided to judge solely on the basis of raw evidence which further spoiled the Talwar family’s chances of mourning their own daughter’s death.

The CBI court in Ghaziabad in Uttar Pradesh finally convicted the two Talwars guilty of killing Aarushi and Hemraj. The citizens must abide by the laws of the country and the judgment shall be welcomed. Though not with open arms, but with some jitters as the thought of parents killing their own daughter fails to go down the throat. The irony is, the Talwars themselves re-opened the CBI closure report as they wanted a fair investigation to find their daughter’s killers, but the question still persists. Is moral judgment a perfect substitute for facts and evidence?

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